1 2025:CGHC:23900 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 29 of 2018 1 - Mohanlal Sen (Died) Through Lrs.- As Per Hon'ble Court Order Dated 07-03-2025. 1.1 - (A) Dipika Sen D/o Late Shri Mohanlal Sen Aged About 32 Years R/o Ward No. 3 Aklordih, Post- Surdung, Jamul, District- Durg (C.G.) 2 - Smt. Sunita W/o Mohanlal Sen, Aged About 38 Years Permanent Address Village Akalordih, Thana Bhilai-3, District Durg, Chhattisgarh, Current Address- Through Satyanarayan Sen, K.K.Road, Mahavir Gaushala, Maudhapara, Raipur, Chhattisgarh ................Claimants, District : Raipur, Chhattisgarh ... Appellants versus 1 - Azhar Ali S/o Azad Ali Muslim, Through Rakesh Kumar Dubey, S/o Kashi Prasad Dubey, R/o Kabir Nagar M.I.G.-211, Thana Amanaka Raipur, District Raipur, Chhattisgarh ...............Non Applicant No.1/ Driver Of Vehicle Truck No. G.J. 12 A T 6694, Chhattisgarh 2 - Rakesh Kumar Dubey S/o Kashi Prasad Dubey, R/o Kabir Nagar M.I.G.211, Thana Amanaka Raipur, Tehsil And District Raipur, Chhattisgarh ...............Non Applicant No.2/ Owner Of Vehicle Truck No. G.J. 12 A T 6694, District : Raipur, Chhattisgarh 3 - Reliance General Insurance Company Limited, Through Officer In- VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 Charge, Reliance General Insurance Company Limited, Ravi Bhawan Raipur, Tehsil And District Raipur, Chhattisgarh ...............Non Applicant No.3/ Insurer Of Vehicle Truck No. G.J. 12 A T 6694, District : Raipur, Chhattisgarh ---- Non-appellants For Appellants/Claimants : Mr. Akash Shrivastava, Advocate For Respondent No. 3 : Ms. Harneet Kaur, Advocate Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board (13.06.2025) 1. This appeal has been filed by the claimants against the award dated 06.09.2017 passed by the 6th Additional Motor Accident Claims Tribunal, Raipur, District Raipur, C.G., in Claim Case No. 206/2011. The Tribunal awarded total compensation of Rs. 3,00,000/- with interest at 9% per annum from the date of application until realization, holding the non-applicant Nos. 1 to 3 jointly and severally liable. 2. According to claim petition, on 08.05.2011, the deceased, Birendra Sen, aged about 18 years and earning Rs. 4,500/- per month as a Bus Conductor, died in a motor vehicle accident caused by the rash and negligent driving of a Truck bearing registration No. GJ-12/A.T./6694 (hereinafter referred to as the ‘offending vehicle’) driven by non-applicant No. 1. At the time of 3 the accident, the offending vehicle was owned by non-applicant No. 2 and insured with non-applicant No. 3/Insurance Company. 3. Despite publication in the newspaper, the owner and driver of the offending vehicle failed to appear, and service is therefore deemed to have been effected upon them. The Insurance Company has been exonerated in this case. 4. The Tribunal awarded compensation of Rs. 3 Lakhs in the matter of the death of the deceased, who was about 15 years old. The father and mother of the deceased challenged this award; however, during the pendency of this appeal, the father, Mohanlal Sen, passed away. He has been substituted by his daughter, Dipika Sen, who has been made party to this case. 5. Learned counsel for the appellant submitted that the law relating to compensation awarded to minors is well settled. He relied upon the judgments of the Hon’ble Supreme Court in Meena Devi vs. Nunu Chand Mehto [(2023) 1 SCC 204], Kurvan Ansari vs. Shyam Kishore Murmu [(2022) 1 SCC 317], and Kishan Gopal and Another vs. Lala and Others [(2014) 1 SCC 244] . In Kishan Gopal (Supra) , the Hon’ble Supreme Court in paragraph 41.2 held that, in the case of minors, compensation of Rs. 5 Lakhs is warranted. 6. Learned counsel for the respondent Insurance Company, which has been exonerated, stated that she has no objection to the 4 appellant’s submissions and did not dispute the principles laid down by the Hon’ble Supreme Court. 7. I have heard learned counsel for the parties and perused the records. 8. Accordingly, based on the aforesaid dictum of the Hon’ble Supreme Court, the awarded amount is enhanced fixed to Rs. 5 Lakhs. Since Rs. 3 Lakhs has already been awarded, an additional sum of Rs. 2 Lakhs shall be paid to the claimants. The appellants are at liberty to file an execution case before the concerned Tribunal for getting enhanced amount. Interest at 9% will be applicable on the enhanced amount. 9. All other terms and conditions of the original award shall remain intact with respect to the disbursement of the enhanced amount. 10. Accordingly, the appeal is partly allowed with the modification in the impugned award to the above extent. Sd/- (Amitendra Kishore Prasad) Judge Vishakha